ANDREW REGO Vs. JULIET LOPES

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent.

(2.) This Writ Petition challenges the common judgment and order dated 29.04.2015 passed in Miscellaneous Civil Appeal No. 92/2012 and Miscellaneous Civil Appeal No. 62/2013, preferred by the petitioner and the respondent respectively, against the order dated 29.08.2012 passed in Matrimonial Petition No. 63/2011/A by the Court of Civil Judge Senior Division, Panaji.

(3.) According to learned Counsel for the petitioner, principles governing grant of interim maintenance as per the provisions of Section 24 of the Hindu Marriage Act would not be applicable to the proceedings initiated under the Family Laws of the State of Goa. He submits that a divorce petition under Article 4 of Chapter II of Law of Divorce under the Family Laws has been filed by the petitioner-husband against the respondent-wife on the grounds of ill treatment, complete abandonment and adulterous life of the respondent-wife. He submits that the respondent-wife has also filed a counter petition seeking divorce on the ground of impotency of the husband. He further submits that in such proceedings, provisions of Article 32 would come into play, according to which, the right to maintain and liability to provide maintenance would cease, when the spouse has been shown to be remarried or to have become unworthy of receiving such a benefit owing to her immoral conduct. He points out from the copies of the documents placed on record that the immoral conduct of respondent-wife has been prima facie proved and yet, the learned District Judge did not consider the same. He submits that the impugned order, therefore, is arbitrary and deserves to be set aside.